• Beal v Multi Showcase Cinemas of NZ Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warning, demotion and pay reduction - Authority found applicant's demotion and pay reduction justified - No…
    Result:
    Application dismissed ; costs reserved
  • Kidicorp Ltd v Sharma

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicant claimed respondent breached training bond clause in parties' employment agreement - Parties disputed when clause took effect - Authority found two year period began from…
    Result:
    Application granted (breach of contract) ; Damages ($5,665.54) ; Application dismissed (counterclaim) ; Costs reserved
  • Allen v The Breuwan Trust t/a The Habour View Hotel Raglan

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed - Authority found actions and behaviour of applicant were such that…
    Result:
    Application dismissed ; Costs reserved
  • Groves v Tuhoe Waikaremoana Maori Trust Board

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found delay in raising grievance occasioned by exceptional circumstances – Found just to grant leave…
    Result:
    Application granted ; Costs reserved
  • Subritzky v Mullins Tyres Auckland Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found redundancy genuine response to increasing financial losses of business - Applicant adequately consulted and given opportunity…
    Result:
    Application dismissed; Costs to lie where they fall
  • Benge v Canterbury Language College Ltd t/a Canterbury College Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent reducing applicant's hours and unjustifiably dismissed by respondent - Authority found employment relationship between applicant and…
    Result:
    Applications granted (unjustified dismissal and unjustified disadvantage) Reimbursement of lost wages ($764.56)(unjustified disadvantage); Compensation for loss of benefit (KiwiSaver contribution) ($14.15)(unjustified disadvantage) ; Reimbursement of lost wages ($9,818.01)(unjustified dismissal) ; Interest (5%) ; Compensation for lost of benefit (KiwiSaver contribution) ($181.82)(unjustified dismissal) ; Compensation for humiliation etc ($8,000)(unjustified dismissal) ; Costs reserved
  • Hook v Gale Contracting Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed – Authority found applicant mistakenly believed authorisation to apply for licence was limited licence itself and had right to drive…
    Result:
    Applications granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($3,768) ; Compensation for humiliation etc ($3,750) ; Arrears of wages ($1,282.14) ; Costs reserved
  • Canterbury Education Services Society Ltd v Gillam

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Webb v Environmental Accounting Services Ltd & Ors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Whether settlement agreement concluded between parties – Authority found respondent did not accept applicant’s counter-offer – Found differences between applicant’s terms of settlement and respondent’s terms…
    Result:
    Application dismissed; Costs reserved
  • Bradford v Zaks of Halswell Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL- Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed - Authority found applicant resigned during heated discussion - No dismissal -…
    Result:
    Application granted (unjustified disadvantage); Contributory conduct (100%); Application dismissed (unjustified dismissal); Costs reserved